A developer shall comply with the following requirements and
principles of land subdivision to encourage proper development patterns
and the provision of adequate facilities and services in the borough.
A.
No subdivision shall be approved unless all lots abut an improved
street as defined by this chapter. Any request for relief from this
provision shall conform to the procedures of the N.J.S.A. 40:55D-36
or 40:55D-60.
B.
Any proposed subdivision determined by the Board to be creating,
imposing, aggravating or leading to the possibility of an adverse
effect upon the property in question or adjacent properties may be
required to be revised to remove such adverse effect prior to further
review. Where the remaining portion of the tract is of sufficient
size to be subdivided further, the applicant may be required to submit
a sketch of the entire remaining portion to indicate a feasible plan
whereby the proposed subdivision and subsequent subdivisions will
not create any such adverse effect.
A.
General design considerations.
[Amended 3-9-1987 by Ord.
No. 379; 6-28-1994 by Ord. No. 474]
(1)
All proposed streets in a subdivision of land shall be classified
as either a loop street, a cul-de-sac street or a borough collector
as defined in Plates 2, 3 and 4.[1]
[1]
Editor's Note: Plates, 2, 3 and 4 are included as attachments to this chapter.
(2)
Borough collectors shall be designed to provide for the extension
and connection of existing streets.
(3)
When a subdivision adjoins land susceptible to being subdivided,
suitable provisions shall be made for optimum access of the remaining
and/or adjoining tract to existing or proposed streets within the
proposed subdivision.
(4)
Access shall be designed in all major subdivisions according to the
following standards:
(a)
All major subdivisions bounded by arterials and major collectors
as defined by the functional classification system contained within
the approved Borough Master Plan shall control access to said streets
by having all driveways intersect marginal service streets, parallel
streets or streets intersecting said arterials, major collectors and
county-local roads.
(b)
When a subdivision of five or more lots borders an existing
borough street or county-local road, reverse frontage or a marginal
service road may be required.
(5)
All subdivisions which control access to existing borough or county
roads by reverse frontage or marginal service roads shall construct
an adequate buffer between the development and the existing street.
The buffer for reverse frontage shall consist of densely planted nursery-grown
trees to a depth of 20 feet as indicated on Plate 5.[2] Plate 6[3] indicates the required landscaped area for marginal service
roads.
[2]
Editor's Note: Plate 5 is included as an attachment to this chapter.
[3]
Editor's Note: Plate 6 is included as an attachment to this chapter.
(6)
A subdivision that adjoins or includes existing borough streets that
do not conform to the right-of-way widths specified in the Borough
Master Plan and in the street cross-section requirements of this chapter
shall dedicate the additional land needed to conform to the right-of-way
standards. If the subdivision is along one side of the road, 1/2 of
the required extra width shall be dedicated.
(7)
A cul-de-sac shall provide access to a minimum of six dwellings and
a maximum of 14 dwelling units. No cul-de-sac shall exceed 750 feet
in length, measured from the intersecting street right-of-way to the
end of the turnaround right-of-way. The minimum radius of a cul-de-sac
shall be 50 feet in zoning districts with a minimum lot width of 150
feet or more and 60 feet in zoning districts with a lot width requirement
of less than 150 feet. The right-of-way radius of the turnaround shall
be 60 feet and 70 feet for these respective zoning districts. No cul-de-sac
turnaround shall exceed a radius of 70 feet.
(8)
A cul-de-sac shall not be permitted unless the developer proves to
the satisfaction of the Planning Board that due to the terrain and
configuration of the land proposed for development, no other street
configuration would be reasonably possible. In making this decision,
the fact that more lots might be created by the use of a cul-de-sac
street or P-loop street instead or some other street configuration
shall not be a factor.
(9)
Any development containing any proposed new street or extension of
any street shall include at least one street that connects at least
two pre-existing public streets. This requirement may be waived by
the Reviewing Board if the applicant proves to the satisfaction of
the Reviewing Board that due to the terrain and configuration of the
land proposed for development, such a street configuration would not
be reasonably possible and, in addition, that the development provides
at least two separate entrances by streets going into the development
from a pre-existing public street, which entrances are at least 250
feet distant from each other. In granting such a waiver the Reviewing
Board may impose additional reasonable conditions to provide for eventual
street connections with the surrounding area for an integrated street
system for the borough and for the efficient and safe flow of vehicular
and pedestrian traffic to, from, in and through the development.
[Amended 2-27-1996 by Ord. No. 500]
B.
Specific design requirements. The following specific design requirements
shall be met in the construction of new streets or the improvements
of existing streets:
(1)
When connection street lines deflect from each other at any one point
by more than ten degrees (10°), they shall be connected by a curve
with a radius conforming to standard engineering practice so that
the minimum sight distance shall be not less than 100 feet for cul-de-sacs,
150 feet for loop streets and not less than 300 feet for collectors
and arterials.
(2)
A tangent of at least 200 feet long shall be introduced between reverse
curves on arterial and collector streets.
(3)
Longitudinal grades on borough collectors or roads of higher functional
classification shall not exceed 4%. The longitudinal grade of any
other local street shall not exceed 8%. All changes in grade shall
be connected by vertical curves of at least 50 feet for each difference
in grade of 2% or portion thereof to ensure proper sight distance
which will conform to good engineering practice.
(4)
The longitudinal grade of any street shall not be less than one-half
of one percent (1/2 of 1%). Grades between one-half of one percent
(1/2 of 1%) and 1% may require monolithic curb-and-gutter construction
to ensure adequate drainage.
C.
Intersections.
(1)
Street intersections shall be at a minimum angle determined by the
road classification. All intersections shall be at ninety degrees
(90°), except that cul-de-sac or loop streets which intersect
a borough collector or county-local road shall have a minimum angle
of seventy-five degrees (75°), and a cul-de-sac which intersects
a loop street shall have a minimum angle of sixty degrees (60°).
(2)
Separation of intersections.
(a)
No more than two streets shall meet or intersect at any one
point, and the center line of both intersecting streets shall pass
through a common point. Any two intersections shall be separated by
the following distances:
Classification
|
Minimum Distance Between Intersections
(feet)
|
---|---|
Arterials and county collectors
|
350
|
Borough collectors and
| |
county-locals
|
250
|
Loop streets and cul-de-sacs
|
200
|
(b)
Whenever two roads of different functional classification intersect,
the minimum separation standards of the more important road shall
be followed.
(3)
The maximum grades of all intersections shall be 3%, except that
intersections involving only borough collectors or other local streets
shall have a maximum grade of 4%.
(4)
The block corners at intersections shall be rounded at the curbline,
with the street having the highest radius requirement determining
the minimum standard for all curblines.
Classification
|
Radius
(feet)
|
---|---|
Arterials and county collectors
|
40
|
Borough collectors and county-locals
|
30
|
Loops and cul-de-sacs
|
20
|
(5)
Sight triangles.
(a)
For both major and minor subdivisions, clear sight triangle
easements shall be required at all intersections in addition to the
right-of-way requirement described above. Within such triangles, no
vision-obstructing object shall be permitted which exceeds a height
of 30 inches above the elevation of the intersecting streets except
for streetlighting standards. The "sight triangle" is defined as the
area of vision which enables a motorist entering a road to perceive
oncoming vehicles and which enables oncoming vehicles to perceive
the entering vehicle. This area is bounded by the intersecting street
lines and the straight line connecting sight points, one each located
on the two intersecting street center lines. "Sight points" are defined
as being the following distances from the intersection:
Classification
|
Distance
(feet)
|
---|---|
Arterials
|
400
|
County major collectors
|
300
|
County minor collectors
|
250
|
Borough collectors and county-locals
|
200
|
Loop streets
|
150
|
Culs-de-sac
|
110
|
(b)
These points are to be connected to a point 90 feet from the
intersection of the street center lines. Plates 7 through 10[4] illustrate the required sight triangle easements. The
sight easement shall describe two overlapping triangles whenever the
intersecting roads are of functional classification borough collector
or above. The easement for intersections involving cul-de-sac or loop
streets shall only include the sight triangle needed for the motorist
entering the intersection street.
[4]
Editor's Note: Plates 7 through 10 are included as attachments to this chapter.
D.
Street construction standards. All subdivisions shall be served by
paved public streets with an all-weather base and pavement with an
adequate crown. All new streets and improvements to existing streets
shall adhere to the following standards:
(1)
The minimum pavement width shall be in accordance with the following
standards and as illustrated on Plates 11 through 16:[5]
Lanes
|
Shoulder
| ||||
---|---|---|---|---|---|
Type-of-Street
|
No.
|
Width
(feet)
|
Width
(feet)
|
Type1
|
Right- of-Way
(feet)
|
County major collector
|
2
|
12
|
6
|
1
|
86
|
County minor collector
|
2
|
12
|
6
|
2
|
66
|
County-local
|
2
|
11
|
6
|
2
|
50
|
Borough collector2
|
2
|
11
|
6
|
1
|
50
|
Loop
|
2
|
11
|
5
|
1
|
50
|
Cul-de-sac
|
2
|
11
|
3
|
1
|
50
|
NOTES:
|
1 The shoulder types shall be 1, paved; and 2, application
of oil and stone, and gravel.
|
2 In areas proposed for less intense development
[minimum lot sizes over one acre], the minimum shoulder shall be compacted
gravel with oil.
|
[5]
Editor's Note: Plates 11 through 16 are included as attachments to this chapter.
(2)
All new existing streets shall be constructed or improved to fulfill
the above minimum requirements. The subdivider shall be responsible
for improving only 1/2 of the street immediately adjacent to the subdivision,
except in cases where off-site contributions are required. If off-site
contributions are required the subdivider may be responsible for improving
more than 1/2 of the street and other nearby streets or intersections.
(3)
Deceleration and acceleration lanes shall be constructed outside
of the normal cartway as determined necessary by the Borough Engineer.
(4)
The minimum total asphalt surface thickness for all pavements shall
be three and one-half (3'/2) inches of FABC-2, Mix No. 5, two inches
to be laid and used as running surface until all settlement is completed,
then brought to final grade with a one-and-one-half-inch overlay and
such additional material as shall be needed to compensate for settlement.
The minimum subbase shall be four inches of soil aggregate Type 5,
Class A, or, as an alternate subbase, with Planning Board approval,
six inches of soil aggregate Type 2, Class B. No bituminous-concrete
pavement shall be laid until the existing subbase has been prepared
and thoroughly compacted with an approved roller.
(5)
The minimum requirements of any new street shall be in accordance
with the specifications and procedures set forth in the New Jersey
State Highway Department Standard Specifications (1983) and all addenda
or revisions thereto.
(6)
Whenever curbing and guttering are required under this chapter, it
shall be constructed in a manner approved by the Borough Engineer.
If concrete, the curbing and gutters shall meet the following specifications:
(a)
The concrete to be used for curbs and gutters shall be Class
B concrete as specified in the New Jersey State Highway Specifications
for Curbs and Gutters.
(b)
Expansion joints shall be provided at intervals of 20 feet.
(c)
Concrete curbs shall be eight inches wide at their base and
not less than six inches wide above the roadway pavement. The rear
top corner of this curb shall have a radius of 1/4 inch, and the front
top corner shall have a radius of one and one-half (1/2) inches.
(d)
Combination curbs and gutters shall be constructed on a base
of sand or other similar pervious material six inches in depth and
extending 12 inches beyond the rear face of the curb and 12 inches
beyond the face of the curb. The total width of the curb and gutter
shall be 30 inches. The dimensions of the particular parts of the
combined curb and gutter shall be as follows. (See Plate 4 as attached.[6])
[1]
The top of the curb shall be six inches in width.
[2]
The rear of the curb shall be 12 inches in height.
[3]
The width of the curb at the gutter elevation shall be seven
inches.
[4]
The height of the curb face at the gutter shall be six inches
and the depth of the gutter at the street face shall also be six inches.
[5]
All exposed edges shall be rounded with a radius of 3/4 inch
to one inch.
[6]
Editor's Note: Plate 4 is included as an attachment to this chapter.
(e)
Openings for driveway access shall be in such width as shall
be determined by the Borough Engineer, but in no case more than 15
feet at the edge of the pavement. The curb at such driveway openings
shall be depressed to the extent that one and one-half (1 1/2)
inches extend above the finished pavement. The rear top corner of
this curb shall have a radius of 1/4 inch, and the front top corner
shall have a radius of one and one-half (1 1/2) inches.
(7)
All work shall be inspected through the course of construction by
the Borough Engineer or his duly authorized representative who shall
be notified 48 hours in advance before any work is started or completed.
A.
General design considerations.
(1)
The drainage system of a proposed development, subdivision or site
plan shall be adequate to carry off and/or store the stormwater and
natural drainage water which originates not only within the property
boundaries, but also that which originates from the total natural
watershed surrounding the property in question. All structures must
be so located, and the site must be graded, and adequate drainage
facilities must be installed, where necessary, to prevent the pooling
of the surface drainage water within 20 feet of any part of the structure
for any amount of time and to provide proper drainage for the lot.
[Amended 5-25-04 by Ord. No. 598]
(2)
The drainage system shall be designed to control the amount and rate
of stormwater runoff. A general principle for major subdivision design
shall be to not increase the parcel's amount or rate of stormwater
runoff by the use of structural and nonstructural measures.
(3)
Whenever possible, any major development's drainage system shall
be designed for the recharge of groundwater and the retention of stormwater
on the site.
(4)
Provisions shall be made to limit the amount of sedimentation and
other pollutants that may enter a natural watercourse as a result
of the development.
(5)
Where possible, a subdivision's stormwater management design shall
preserve stream channels, floodplains and wetlands in their natural
condition to act as buffers against flooding and pollution.
(6)
No stormwater runoff or natural drainage water shall be so diverted
as to overload existing drainage systems, create flooding or require
the construction of additional drainage facilities in other private
or public lands without proper and approved provisions being made
for remedying these off-site or off-tract conditions.
(7)
All subdivisions or lands that fall within the municipal flood hazard
area as established by the Municipal Flood Hazard map shall not be
developed without appropriate permits.
[Amended 3-9-87 by Ord. No. 379]
B.
Specific design considerations.
(1)
For all development(s) where the average elevation of the lot, or
the elevation of the building site is below the crown of the existing
or proposed road, the lot shall be graded to ensure proper drainage
flow away from the buildings, and to prevent the ponding of stormwater
in front, side or rear yards. The following shall apply:
[Amended 5-25-04 by Ord. No. 598]
(a)
The owner and/or developer shall submit plans prepared by a
New Jersey licensed engineer or surveyor showing contours and elevations
at one foot intervals, demonstrating to the Zoning Office, in consultation
with the Borough Engineer, that the structure(s) and site will be
properly drained and that water cannot reasonably be expected to collect
in the manner prohibited above. Neither a zoning permit or construction
permit shall issue for such structure(s) or use until such plan is
submitted and approved.
(b)
If grading or drainage facilities are necessary, such grading
plan, subdivision plan and/or site plan, approved by the Planning
Board and/or Borough Engineer shall specify the grading and drainage
facilities to be installed, and the plans must be carried out before
a certificate of occupancy for the structure may be issued and before
it may be used for the intended use, unless a performance guaranty,
in favor of the borough, approved by the Borough Solicitor, is posted
with the borough in an amount equal to 120% of the Borough Engineer's
estimate of the cost of the grading and drainage facilities, guaranteeing
the completion of the improvement within six months of occupancy.
Such performance guaranty shall be governed by the provisions of N.J.S.A.
40:55D-53.
(c)
Prior to the issuance of a certificate of occupancy for any structure(s) which have a grading plan, subdivision plan and/or site plan, as stated under Subsection B. above; the applicant requesting the certificate of occupancy shall provide a copy of a topographic survey of the site improvements, prepared and sealed by a New Jersey licensed engineer or surveyor, to the construction office, Zoning Officer and Borough Engineer, demonstrating that the "as-built" conditions and grading conform to the previously approved plan.
(2)
All streets shall be provided with catch basins and pipes where necessary
for proper surface drainage. Dry wells are specifically prohibited
as alternatives to catch basins or as a method of recharge.
(3)
The materials used for drainage facilities and appurtenances shall
be in conformance with standard specifications for Road and Bridge
Construction of the New Jersey Department of Transportation, 1983,
and all addenda. The technique for calculations and design parameters
shall be by the rational method for drainage sheds less than four
acres and the Soil Conservation Service method for drainage sheds
above four acres. The following recurrence interval parameter shall
be adhered to: minor inlets, two years; low points, five years; sump
inlets, 10 years; minor stream structure [50 acres or less], 10 years;
major stream structures with no headwaters, 25 years; and major stream
structures with maximum headwater, 100 years. Single Type B inlets
shall not be designed to catch more than five and one-half (5 1/2)
cubic feet per second, regardless of head, but shall not be spaced
greater than 500 feet center to center. Discharge and collection systems
shall not be designed for inlet head under any circumstances
(4)
Drainage structures which are located on state or county highway
rights-of-way shall be approved by the State or County Highway Engineer's
office, and a letter from that office indicating such approval shall
be directed to the Borough Planning Board and shall be received prior
to the final plat approval. Drainage structures proposed on a brook
or stream with a drainage area of 1/2 square mile [320 acres] or greater
shall be approved by the New Jersey Division of Water Policy and Supply,
and a letter from the office shall be directed to the Planning Board
Chairman.
(5)
All proposed subdivisions or developments abutting a brook or stream
whose drainage area, up to and including the subdivision or development,
is greater than 50 acres shall be required to secure a stream encroachment
permit from the New Jersey Division of Water Policy and Supply, Bureau
of Floodplain Management, prior to the authorization of final approval.
Furthermore, a copy of the permit shall be forwarded to the Planning
Board and shall be attached to the final engineering plans of same.
(6)
Road drainage. The use of swales for road drainage purposes may be
permitted at the discretion of the Borough Planning Board, provided
that the subdivision is under 20 lots, the minimum lot size is greater
than one acre, and that the grade does not exceed 6% nor is less than
one-half of one percent (1/2 of 1%). In subdivisions with more than
20 lots, swales may only be permitted along roads in which reverse
frontage has been provided. Where these conditions are not met or
where drainage conditions warrant, curbing and guttering shall be
required along all existing and proposed streets. In minor subdivisions,
curbing and guttering may be required where drainage or traffic conditions
warrant or when the subdivision is in proximity to existing curbed
and guttered areas.
(7)
Land drainage. All surface drainage shall be piped unless the developer
demonstrates that the use of swales is a more appropriate form of
conveyance, to the satisfaction of the Borough Planning Board. The
use of swales shall not be permitted where the adjacent lot sizes
on the same tract are 25,000 square feet or less.
(8)
Swales, where permitted, shall be designed according to the following
standards:
(a)
Swales shall have a parabolic or trapezoidal shape.
(b)
Side slopes of a swale along a road shall not be steeper than
four to one (4:1) adjacent to the road and two to one (2:1) on the
slope away from the road. Side slopes of swales not along a road shall
not exceed three to one (3:1).
(c)
Trees, brush and stumps, as well as other objectionable material,
are to be cleared and disposed of so as not to interfere with construction
or proper functioning of the waterway.
(d)
Separate areas filled are to be compared as needed to prevent
unequal settlement that will cause damage in the completed waterway.
(e)
Waterways and outlets shall be protected against erosion by
vegetative means as soon after construction as practical before diversions
or other channels are outlasted into them. Seeding, fertilizing, mulching
and sodding shall be in accordance with the applicable standards as
determined by the Soil Conservation Service of the State of New Jersey.
(9)
Storm sewer pipe shall be installed in accordance with proper engineering
practices and shall be designed according to the following standards:
(a)
The pipe shall be concrete or aluminum as required by the Borough
Engineer. Nonreinforced-concrete pipe shall conform to A.A.S.H.O.M.
- 86 for specified diameter and strength class. Reinforced-concrete
pipe shall conform to A.A.S.H.O.M. - 170 for specified diameter and
strength class. Aluminum alloy pipe shall conform to A.A.S.H.O.M.
- 197 for specified diameter and strength.
(b)
All drainage pipes shall have a minimum diameter of 15 inches.
The pipe shall be laid in straight alignment, between manholes. All
transitions in slope, change of direction or pipe size shall be confined
to manholes, catch basins or other accessible structure.
(c)
The size of the pipe, slope and invert elevations shall be submitted
on a final drainage plan.
(d)
In those areas where the groundwater elevation is such that
roadway subbase instability could occur from same, the Borough Engineer
shall reserve the right to require extra-strength porous concrete
pipe in lieu of either reinforced-concrete or corrugated-aluminum
storm sewer conduit for the purpose of adequately underdraining the
surrounding soil and stabilizing the affected subbase.
(e)
Slotted drain pipe shall not be permitted except if approved
by the Borough Engineer.
(10)
Where a subdivision is traversed by a watercourse, surface or
subsurface drainageway, channel or stream, or a subdivision proposes
the creation of such surface or subsurface drainageways, there shall
be provided and dedicated a drainage right-of-way easement to the
borough. The width of the drainage easement required shall be determined
by the Borough Engineer based upon the width needed to accommodate
future stormwater runoff and to allow sufficient area for maintenance
or construction activities. A minimum width of all drainage easements
shall be 40 feet or 20 feet from the edge of the watercourse.
(11)
Detention basins shall be designed in accordance with the following
criteria:
(a)
Inflow Q shall be designed for a twenty-five-year recurrence
interval under full development conditions within the subdivisions.
(b)
Outflow Q shall be designed based on the capacity of the nearest
downstream drainage structure, and it shall not be more than the ten-year
recurrence interval under full development conditions within the subdivision.
(c)
All detention basins shall have a minimum freeboard of one foot
above the design high-water level and shall likewise have an emergency
spillway capable of discharging flow from a design storm with a recurrence
interval of 100 years. Where the depth of high water in any basin
exceeds two feet, then a fence of minimum height of eight feet and
made of approved material shall be required.
(d)
Detention basins are not permitted where soils have a percolation
rate of less than five minutes per inch or more than 60 minutes per
inch.
(12)
Retention basins shall be designed in accordance with the following
criteria:
(a)
Inflow Q shall be designed as required for detention basins.
(b)
Outflow Q shall not be considered for any basin whose soil percolation
rate is in excess of six minutes per inch.
(c)
The bottom elevation of all retention basins shall be a minimum
of two feet above the seasonal high-water table. Overflow and freeboard
design shall be as previously specified for detention basins. Fencing
requirements shall likewise be as previously specified for detention
basins.
(d)
The preferred side slope of the banks for either detention or
retention basins shall be a five-to-one ratio with a minimum acceptable
ratio of three-to-one (3:1) if conditions do not permit.
(e)
Retention basins are not permitted where soils have a percolation
rate of less than five minutes per inch or more than 60 minutes per
inch.
(13)
Collection basis. The collection basis shall be designed in
accordance with the rational method expressed as the equation:
Q = AIR
Where
Q = Volume of runoff in cubic feet per second.
A = The contributory drainage area, in acres, both within and
outside the boundary of the subdivision.
R = Rainfall intensity. A minimum intensity of 2.75 shall be
used.
I = Coefficient of runoff applicable to the drainage area. It
shall consider the soil character, slope of area and degree of ultimate
development as determined by current zoning. In general, the values
of the runoff coefficient will fall within the following ranges. For
composite areas of various classifications, the coefficient for the
predominate area shall be used for all calculations.
Classification
|
Coefficient
|
---|---|
Parklands, golf courses, etc.
|
0.15 to 0.30
|
Densities below 1 dwelling unit per acre
|
0.30 to 0.50
|
Densities of 2 dwelling units per acre and above
|
0.50 to 0.70
|
Commercial and industrial
|
0.70 to 0.90
|
(14)
Flow design criteria.
(a)
Velocity of flow shall be determined by Manning's formula:
V
|
=
|
1.486R2/3
|
x
|
S1/2
|
_________
| ||||
N
|
Where
R = Hydraulic radius of conduit or area of stream divided by
wetter perimeter.
S = Slope of hydraulic grade line or, for open channels or ditches,
the slope of the water surface.
n = The coefficient of friction.
(b)
Acceptable values of "n" are:
[1]
Fifteen-thousandths (0.015) for circular cross section, nonporous
concrete pipe.
[2]
Fifteen-thousandths (0.015) for pipes 18 inches or smaller in
diameter and concrete-lined ditches.
[3]
Twenty-five thousandths (0.025) for clear unlined ditches.
[4]
Three hundredths to 0.15 for fair-to-poor natural streams and
watercourses.
(c)
Other cross sections of pipe materials shall have commensurate
friction factors as may be approved by the Borough Engineer.
(d)
Permissible design velocities for open channel ditches shall
be as follows:
Material
|
Velocity
(feet per second)
|
---|---|
Fine sand to loam
|
2.5 to 3.5
|
Clay to hardpan
|
3.75 to 6.0
|
Concrete lined
|
15
|
Pipe
|
3*
|
*NOTE: Minimum design velocity at flowing-full condition shall
be three feet per second. Pipes shall be considered flowing full at
maximum capacity.
|
[Added 3-28-06 by Ord. No. 2006-618; amended 2-23-2021 by Ord. No. 2021-2]
A.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
D.
Compatibility with other permit and ordinance requirements.
(1)
Development approvals issued pursuant to this § 67-97.1 are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this § 67-97.1 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
(2)
This § 67-97.1 is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this § 67-97.1 imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
For the purpose of this § 67-97.1, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this § 67-97.1 clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural land, development
means: any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021 or the effective date of this § 67-97.1, whichever is earlier; or
"Major development" includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A(1), (2), (3), or (4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 67-97.1.4F of this § 67-97.1 and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [(except those regulated under the Atomic Energy Act of
1954, as amended (42 U.S.C. Section 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal non-stormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to State resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et. seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
A.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
(1)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(2)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
B.
The standards in this § 67-97.1 apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.
A.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 67-97.1.10.
B.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
C.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 67-97.1.4P, Q and R:
(1)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(2)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(3)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
D.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 67-97.1.4O, P, Q and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(2)
The applicant demonstrates through an alternative analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 67-97.1.4O, P, Q and R to the maximum extent practicable;
(3)
The applicant demonstrates that, in order to meet the requirements of § 67-97.1.4O, P, Q and R, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(4)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 67-97.1.4D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 67-97.1.4O, P, Q and R that were not achievable on site.
E.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 67-97.1.4O, P, Q and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
F.
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this § 67-97.1 the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Cistern
|
0
|
Yes
|
No
|
—
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0
|
Yes
|
No
|
—
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
| |
---|---|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 67-97.1.4O(2);
|
(b)
|
Designed to infiltrate into the subsoil;
|
(c)
|
Designed with underdrains;
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
(e)
|
Designed with a slope of less than 2%;
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at § 67-97.1.2;
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 67-97.1.2.
|
G.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 67-97.1.6B. Alternative stormwater management measures may be used to satisfy the requirements at § 67-97.1.4O only if the measures meet the definition of "green infrastructure" at § 67-97.1.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 67-97.1.4O(2) are subject to the contributory drainage area limitation specified at § 67-97.1.4O(2) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 67-97.1.4O(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 67-97.1.4D is granted from § 67-97.1.4O.
H.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I.
Design standards for stormwater management measures are as follows:
(1)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(2)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 67-97.1.8C;
(3)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(4)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 67-97.1.8; and
(5)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
J.
Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 67-97.1.2 may be used only under the circumstances described at § 67-97.1.4O(4).
K.
Any application for a new agricultural development that meets the definition of major development at § 67-97.1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 67-97.1.4O, P, Q and R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
L.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 67-97.1.4P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Salem County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 67-97.1.4O, P, Q and R and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 67-97.1.10B(5). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
N.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 67-97.1.4 of this § 67-97.1 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Salem County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.
O.
Green infrastructure standards.
(1)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(2)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 67-97.1.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 67-97.1.4F and/or an alternative stormwater management measure approved in accordance with § 67-97.1.4G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
(3)
To satisfy the stormwater runoff quantity standards at § 67-97.1.4R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 67-97.1.4G.
(4)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 67-97.1.4D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 67-97.1.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 67-97.1.4P, Q and R.
(5)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 67-97.1.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with § 67-97.1.4D.
P.
Groundwater recharge standards.
(1)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(2)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 67-97.1.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
(3)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection P(4) below.
(4)
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Q.
Stormwater runoff quality standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(2)
Stormwater management measures shall be designed to reduce the
postconstruction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(3)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection P(2) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(4)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
| |||||
---|---|---|---|---|---|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(5)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
R = A + B - (A x B)/100
|
Where:
| ||
R
|
=
|
total TSS percent load removal from application of both BMPs;
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP; and
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
(6)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 67-97.1.4P, Q and R.
(7)
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(8)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(10)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
R.
Stormwater runoff quantity standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(2)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 67-97.1.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection R(2)(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(3)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
A.
Stormwater runoff shall be calculated in accordance with the following:
(1)
The design engineer shall calculate runoff using one of the
following methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(2)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 67-97.1.5A(1)(a) and the Rational and Modified Rational Methods at § 67-97.1.5A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(3)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
(4)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(5)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
B.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/nigs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
A.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(1)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(2)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
B.
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
A.
Site design features identified under § 67-97.1.4F above, or alternative designs in accordance with § 67-97.1.4G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 67-97.1.7A(2) below.
(1)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
[1]
Examples of grates subject to this standard include
grates in grate inlets, the grate portion (non-curb-opening portion)
of combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater system floors used to collect stormwater
from the surface into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(2)
The standard in Subsection A(1) above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[1]
A rectangular space 4 5/8 (4.625) inches long
and 1 1/2 (1.5) inches wide (this option does not apply for outfall
netting facilities); or
[2]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
A.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
B.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 67-97.1.8C(1), C(2), and (3) for trash racks, overflow grates, and escape provisions at outlet structures.
C.
Requirements for trash racks, overflow grates and escape provisions.
(1)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
(2)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(3)
Stormwater management BMPs shall include escape provisions as
follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 67-97.1.8C, a freestanding outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 67-97.1.8E for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
D.
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
A.
B.
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this § 67-97.1.
C.
Submission of site development stormwater plan. The following information
shall be required:
(1)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(2)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(3)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(4)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 67-97.1.3 through 67-97.1.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(6)
Calculations.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(7)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 67-97.1.10.
(8)
Waiver from submission requirements. The municipal official or board reviewing an application under this § 67-97.1 may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 67-97.1.9C(1) through (6) of this § 67-97.1 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
A.
Applicability. Projects subject to review as in § 67-97.1.1C of this § 67-97.1 shall comply with the requirements of § 67-97.1.10B and C.
B.
General maintenance.
(1)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(2)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(3)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(4)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(5)
If the party responsible for maintenance identified under § 67-97.1.10B(3) above is not a public agency, the maintenance plan and any future revisions based on § 67-97.1.10B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
(7)
The party responsible for maintenance identified under § 67-97.1.10B(3) above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 67-97.1.10B(6) and (7) above.
(8)
The requirements of § 67-97.1.10B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(9)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
C.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties listed in the Woodstown Code, § 67-120C.
Each section, subsection, sentence, clause and phrase of this § 67-97.1 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this § 67-97.1 to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this § 67-97.1.
This § 67-97.1 may be renumbered for codification purposes.
This § 67-97.1 shall be in full force and effect from and after its adoption and any publication as required by law.
[Added 3-9-10 by Ord. No. 2010-3]
A.
Purpose and statutory authority. The purpose of this section is to
designate riparian zones, and to provide for land use regulation therein
in order to protect the streams, lakes, and other surface water bodies
of the Borough of Woodstown in order to provide compliance with N.J.A.C.
7:15-5.25(g)3 which requires municipalities to adopt an ordinance
that prevents new disturbance for projects or activities in riparian
zones. Authority is provided or limited as follows:
(1)
Compliance with the riparian zone requirements of this section
does not constitute compliance with the riparian zone or buffer requirements
imposed under any other federal, state or local statute, regulation
or ordinance.
(2)
Land use regulation powers given to the Borough of Woodstown
under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., which authorizes each municipality to plan and regulate
land use in order to protect public health, safety, and welfare through
the protection and maintenance of native vegetation in riparian areas.
The Borough of Woodstown is also empowered to adopt and implement
this section under provisions provided by the following legislative
authorities of the State of New Jersey.
(a)
Water Pollution Control Act, N.J.S.A. 581 OA-1 et seq.
(b)
Water Quality Planning Act, N.J.S.A. 58:11A-i et seq.
(c)
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
(d)
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(e)
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
B.
ACID PRODUCING SOILS
APPLICANT
CATEGORY ONE WATERS OR C1 WATERS
INTERMITTENT STREAM
LAKE, POND, OR RESERVOIR
PERENNIAL STREAM
RIPARIAN ZONE
SPECIAL WATER RESOURCE PROTECTION AREA OR SWRPA
SURFACE WATER BODY(IES)
THREATENED OR ENDANGERED SPECIES
TROUT MAINTENANCE WATER
TROUT PRODUCTION WATER
Definitions.
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and maracasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
A person, corporation, government body or other legal entity
applying to the Planning Board, Board of Adjustment or the Construction
Office proposing to engage in an activity that is regulated by the
provisions of this section, and that would be located in whole or
in part within a regulated riparian zone.
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the antidegradation policies set forth in those standards for protection
from measurable changes in water quality characteristics because of
their clarity, color, scenic setting, and other characteristics of
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages or, in the case of a Special Water Resource
Protection Area (SWRPA) pursuant to the Stormwater Management rules
at N.J.A.C. 7:8-5.5(h) CI waters as shown on the USGS quadrangle map
or in the County Soil Surveys.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the cause of a Special Water Resource Protection
Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C.
7:8-5.5(h), CI waters as shown on the USGS quadrangle map or in the
County Soil Surveys, that is an impoundment, whether naturally occurring
or created in whole or in part by the building of structures for the
retention of surface water. This excludes sedimentation control and
stormwater retention/detention basins and ponds designed for treatment
of wastewater.
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of a Special Water Resource Protection Area (SWRPA)
pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
Cl waters as shown on the USGS quadrangle map or in the County Soil
Surveys.
The land and vegetation within and directly adjacent to all
surface water bodies including, but not limited to lakes, ponds, reservoirs,
perennial and intermittent streams, up to and including their point
of origin, such as seeps and springs, as shown on the New Jersey Department
of Environmental Protection's GIS hydrography coverages or, in the
case of a Special Water Resource Protection Area (SWRPA) pursuant
to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), Cl waters
as shown on the USGS quadrangle map or in the County Soil Surveys.
There is no riparian zone along the Atlantic Ocean nor along any manmade
lagoon or oceanfront barrier island, spit or peninsula.
A 300 foot area provided on each side of a surface water
body designated as a Cl water or tributary to a Cl water that is a
perennial stream, intermittent stream, lake, pond, or reservoir, as
defined herein and shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage, pursuant to the
Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
A species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered
Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments
thereto.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection Surface Water Quality
Standards at N.J.A.C. 7:9B.
C.
Establishment of riparian zones.
(1)
Riparian zones adjacent to all surface water bodies shall be
protected from avoidable disturbance and shall be delineated as follows:
(a)
The riparian zone shall be 300 feet wide along both sides of
any Category One water (C1 water), and all upstream tributaries situated
within the same HUC 14 watershed.
(b)
The riparian zone shall be 150
feet wide along both sides of the following waters not designated
as C1 waters:
(i)
Any trout production water and all upstream waters (including
tributaries);
(ii)
Any trout maintenance water and all upstream waters
(including tributaries) within one linear mile as measured along the
length of the regulated water;
(iii)
Any segment of a water flowing through an area
that contains documented habitat for a threatened or endangered species
of plant or animal, which is critically dependent on the surface water
body for survival, and all upstream waters (including tributaries)
within one linear mile as measured along the length of the regulated
water; and
(iv)
Any segment of a water flowing through an area
that contains acid producing soils.
(c)
For all other surface water bodies, a riparian zone of 50 feet
wide shall be maintained along both sides of the water.
(2)
The portion of the riparian zone that lies outside of a surface
water body is measured landward from the top of bank. If a discernible
bank is not present along a surface water body, the portion of the
riparian zone outside the surface water body is measured landward
as follows:
(a)
Along a linear fluvial or tidal water, such as a stream, the
riparian zone is measured landward of the feature's centerline;
(b)
Along a nonlinear fluvial water, such as a lake or pond, the
riparian zone is measured landward of the normal water surface limit;
(c)
Along a nonlinear tidal water, such as a bay or inlet, the riparian
zone is measure landward of the mean high water line; and
(d)
Along an amorphously-shaped feature such as a wetland complex,
through which water flows but which lacks a discernible channel, the
riparian zone is measured landward of the feature's centerline.
(3)
The applicant or designated representative shall be responsible
for the initial determination of the presence of a riparian zone on
a site, and for identifying the area on any plan submitted to the
Borough of Woodstown in conjunction with an application for a construction
permit, subdivision, land development, or other improvement that requires
plan submissions or permits. The initial designation of the presence
of a riparian zone must be made by a person qualified in the designation
of riparian lands. This initial determination shall be subject to
review and approval by the municipal engineer, governing body, or
its appointed representative, and, where required, by the New Jersey
Department of Environmental Protection.
D.
Exceptions.
(1)
The following new disturbances for projects or activities in
riparian zones are excepted:
(a)
Redevelopment within the limits of existing impervious surfaces,
or
(b)
New disturbance in the riparian zone necessary to protect public
health, safety or welfare, to provide an environmental benefit, to
prevent extraordinary hardship on the property owner peculiar to the
property, or to prevent extraordinary hardship, provided the hardship
was not created by the property owner, that would not permit a minimum
economically valuable use of the property based upon reasonable investment.
(c)
New disturbance on property owned by the Borough of Woodstown
or the Woodstown Sewerage Authority or any entity of the Borough of
Woodstown making a new disturbance on municipally owned property or
on behalf of the Borough of Woodstown.
(d)
An exception to any of the disturbances listed in Subsection D(1)(a) above shall be granted by the Borough Engineer upon proof by virtue of submission of appropriate maps and drawings, that the proposed redevelopment is within the limits of impervious surfaces that existed at the time of passage of this section and shall be in conformance with the Stormwater Management Rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
(e)
For all riparian zones an exception to any of the disturbances listed in Subsection D(1)(b) above shall be granted by the Planning Board upon proof by virtue of submission of appropriate maps, drawings, reports and testimony, that the disturbance protects public health, safety or welfare; provides an environmental benefit; prevents extraordinary hardship on the property owner peculiar to the property; or prevents extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. Hardship variances may be granted by the Planning Board in cases of a preexisting lot (existing at the time of adoption of this section) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements.
E.
Adjustments.
(1)
Adjustments to the riparian zones established by this section
are allowed to the extent they comply with the Stormwater Management
Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C.
7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C.
7:38), and shall be subject to review and approval by the New Jersey
Department of Environmental Protection unless exempt. The following
adjustments to riparian zones are allowed:
(a)
The proposed disturbance in a riparian zone is for a linear
development with no feasible alternative route. If the riparian zone
is associated with Category One waters, the linear development must
also meet the requirements for Special Water Resource Protection Areas
under the Stormwater Management rules at N.J.A.C. 7:8-5.5(h);
(b)
The proposed disturbance in a riparian zone is in accordance
with a stream corridor restoration or stream bank stabilization plan
or project approved by the New Jersey Department of Environmental
Protection;
(c)
The proposed disturbance of a riparian zone is necessary to
provide pedestrian access or water dependent recreation that meets
the requirements of the Freshwater Wetlands Protection Act rules,
N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13,
or the Coastal Zone Management rules, N.J.A.C. 7:7E; or
(d)
The proposed disturbance of a riparian zone is required for
the remediation of hazardous substances performed with New Jersey
Department of Environmental Protection or Federal oversight pursuant
to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et
seq. or the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. § 9601 et seq.
F.
Appeals procedures, conflicts and severability.
(1)
Any party aggrieved by the location of the riparian zone boundary
determination under this section may appeal to the Borough Engineer
under the provisions of this section. The party contesting the location
of the riparian zone boundary shall have the burden of proof in case
of any such appeal.
(2)
Any part aggrieved by any determination or decision of the Borough
Engineer under this section may appeal to the Mayor and Council of
the Borough of Woodstown. The party contesting the determination or
decision shall have the burden of proof in case of any such appeal.
(3)
Conflicts. All other ordinances, parts of ordinances, or other
local requirements that are inconsistent or in conflict with this
section are hereby superseded to the extent of any inconsistency or
conflict, and the provisions of this section apply.
(4)
Severability.
(a)
Interpretation. This section shall be so construed as not to
conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this section is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the section shall continue to be of full
force and effect.
(c)
The provisions of this section shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
G.
Enforcement.
(1)
Prompt investigation shall be made by the appropriate personnel
of Woodstown Borough, of any person or entity believed to be in violation
hereof. If, upon inspection, a condition which is in violation of
this section is discovered, a civil action in the Special Part of
the Superior Court, or in the Superior Court, if the primary relief
sought is injunctive or if penalties may exceed the jurisdictional
limit of the Special Civil Part, by the filing and serving of appropriate
process. Nothing in this section shall be construed to preclude the
right of Woodstown Borough, pursuant to N.J.S.A. 26:3A2-25 to initiate
legal proceedings hereunder in Municipal Court. The violation of any
section or subsection of this section shall constitute a separate
and distinct offense independent of the violation of any other section
or subsection, or of any order issued pursuant to this section. Each
day a violation continues shall be considered a separate offense.
[Added 3-9-10 by Ord. No. 2010-4]
A.
Purpose. The purpose of this section is to regulate the intensity
of use in areas of steeply sloping terrain in order to limit soil
loss, erosion, excessive stormwater runoff, the degradation of surface
water and to maintain the natural topography and drainage patterns
of land.
B.
Background. Disturbance of steep slopes results in accelerated erosion
processes from stormwater runoff and the subsequent sedimentation
of water bodies with the associated degradation of water quality and
loss of aquatic life support. Related effects include soil loss, changes
in natural topography and drainage patterns, increased flooding potential,
further fragmentation of forest and habitat areas, and compromised
aesthetic values. It has become widely recognized that disturbance
of steep slopes should be restricted or prevented based on the impact
disturbance of steep slopes can have on water quality and quantity,
and the environmental integrity of landscapes.
C.
Applicability. This section shall be applicable to new development
or land disturbance on a steep slope within the Borough of Woodstown.
D.
DISTURBANCE
IMPERVIOUS SURFACE
REDEVELOPMENT
STEEP SLOPES
Definitions.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 20% as measured over any
minimum run of 10 feet. Steep slopes are determined based on contour
intervals of two feet or less.
E.
Designation of areas. The percent of slope (rise in feet per horizontal
distance) shall be established by measurement of distance perpendicular
to the contour of the slope. The percent of slope shall be calculated
for each two-foot contour interval. For example, any location on the
site where there is a one-foot rise over a 10-foot horizontal run
constitutes a 10% slope; a 1.5 foot rise over a 10-foot horizontal
run constitutes a 15% slope; a two-foot rise over a 10-foot horizontal
run constitutes a 20% slope.
F.
Steep slope limits. For steep slopes any disturbance shall be prohibited
except as provided below:
(1)
Redevelopment within the limits of existing impervious surfaces;
and
(2)
New disturbance necessary to protect public health, safety or
welfare, such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to prevent extraordinary hardship on the property owner peculiar
to the property: or to prevent extraordinary hardship, provided the
hardship was not created by the property owner, that would not permit
a minimum economically viable use of the property based upon reasonable
investment. For example, redevelopment, within the footprint of existing
impervious cover should be allowed to support efforts to revitalize
development that has fallen into disrepair.
The applicant shall demonstrate through site plans depicting
proposed development and topography that new disturbance is not located
in areas with 20% or greater slope.
G.
Conflicts and severability.
(1)
Conflicts. All other ordinances, parts of ordinances, or other
local requirements that are inconsistent or in conflict with this
section are hereby superseded to the extent of any inconsistency or
conflict, and the provisions of this section apply.
(2)
Severability.
(a)
Interpretation. This section shall be so construed as not to
conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this section is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the section shall continue to be of full
force and effect.
(c)
The provisions of this section shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
H.
Enforcement, violation and penalties. A prompt investigation shall
be made by the appropriate personnel of the Borough of Woodstown,
of any person or entity believe to be in violation hereof. If, upon
inspection, a condition which is in violation of this section is discovered,
a civil action in the Special Part of the Superior Court, or in the
Superior Court, if the primary relief sought is injunctive or if penalties
may exceed the jurisdictional limit of the Special Civil Part, by
the filing and serving of appropriate process.
Nothing in this section shall be construed to preclude the right
of the Borough of Woodstown, pursuant to N.J.S.A. 26:3A2-25, to initiate
legal proceedings hereunder in Municipal Court.
The violation of any section or subsection of this section shall
constitute a separate and distinct offense independent of the violation
of any other section or subsection, or of any order issued pursuant
to this section. Each day a violation continues shall be considered
a separate offense.
I.
Effective date. This section shall take effect upon final adoption
and publication in accordance with the law.
A.
Lot dimensions and area shall not be less than the requirements of
Part 3, Zoning.
B.
Insofar as practical, side lot lines shall be at right angles to
straight streets and radial to curved streets.
C.
Where additional right-of-way has been required to bring existing
right-of-ways up to standard, lots shall begin at the proposed right-of-way
line, and all setbacks shall be measured from that line.
D.
For proper development of the land within the borough, lots shall
have an average length no greater than 250% of the average width,
except where the width exceeds three times the zoning requirement.
E.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as poor drainage conditions
or where percolation tests or test borings show the ground conditions
to be inadequate for proper on-lot sewage treatment, the Planning
Board may, after adequate investigation, withhold approval of such
lots. If approval is withheld, the Planning Board shall specify the
reasons for such denial in the minutes.
The important natural features of a site shall be preserved
in the design of all subdivisions. Natural features which shall be
protected include the natural terrain, wetlands, wooded areas, vistas,
natural drainageways and lakes. A developer shall only be permitted
to significantly alter or encroach on the existing natural features
if the Planning Board is convinced that the alteration is the minimum
necessary to allow the use of the land for the intended purpose and
that there is no alternative to the subdivision design which would
eliminate or mitigate any adverse impact on natural features.
A.
The clearing of woodland shall be strictly controlled. The stripping
of trees from a lot and the filling, or the alteration of the water
table in wooded areas shall be prohibited except if an extensive replacement
tree planting program has been approved by the Borough Planning Board.
All subdivisions and developments shall be designed to have minimal
impact on existing woodland. The siting of structures shall be such
as to preserve the maximum number of trees over 15 inches in diameter
and all trees over 24 inches in diameter.
B.
Shade trees. In all major subdivisions, shade trees shall be provided
along the road frontage. Two trees properly planted, staked and fertilized
shall be provided for every 100 feet of road frontage except if an
equivalent number of trees are preserved within 50 feet of the right-of-way.
All shade trees shall meet the following requirements:
(1)
Trees shall be a deciduous variety (oak and hard maple) native to
the area and shall be approved by the Planning Board.
(2)
Trees shall be nursery grown and shall have a minimum caliper of
one and one-half (1 1/2) inches measured three feet above the
ground.
(3)
Trees shall be planted where required by the Planning Board in a
planting strip 10 feet from the edge of the shoulder when the road
has been designed according to the approved cross sections.
No topsoil shall be removed from the site or used as spoil.
Topsoil moved during the course of construction shall be redistributed
within the subdivision so as to provide at least four inches of cover
to all areas of the subdivision and shall be stabilized by seeding
or planting.
A.
A pedestrian circulation system shall be provided for all major subdivisions
over 20 lots and may be required whenever an interior street system
is utilized. The system shall include sufficient sidewalks and interior
walkways to provide safe pedestrian movement between residential units
and to provide access to environmental amenities, recreation areas
and other forms of pedestrian attraction within, adjacent to, or in
close proximity [1/2 mile] of the site. The circulation system shall
connect with any existing or proposed adjacent developments and may
or may not be related to the street system. The Borough Planning Board
shall review and approve the proposed circulation system.
B.
In all minor and major subdivisions, sidewalks shall be required
along both sides of roads classified as Borough collectors or county-local
roads.
[Amended 6-14-2022 by Ord. No. 2022-6]
E.
Construction. Where required, sidewalks shall be set back three feet
from the edge of the improved road and shall be four feet wide and
four inches in thickness. Sidewalks shall be concrete or an equivalent
approved by the Planning Board and shall be constructed in accordance
with the specifications of the New Jersey State Highway Department.
Walkways within the open space reserved under the cluster option shall
be limited in scale and shall be composed of material compatible with
the natural character of the area.
[Amended 5-9-06 by Ord. No. 2006-632]
Street lighting shall be provided in accordance with the recommendations of the Borough Engineer and in compliance with Chapter 71 of the Municipal Code. Adequate lighting shall be provided at all intersections and along all roads classified as borough collectors. The developer shall pay to the borough the costs of operation of said streetlights (as determined by the standard rates of the utility) until the street upon which said streetlights are installed as accepted by the Borough Council as a public street.
A.
All public services shall be connected to an approved public utilities
system, where one exists. Prior to the granting of final approval,
the subdivider shall submit three copies of a final plat showing the
installed location of these utilities, as well as a written instrument
from each serving utility which shall indicate compliance with this
section.
B.
For all major subdivisions, the subdivider shall arrange with the
serving utility for the underground installation of the utilities
distribution supply lines and service connections. Service connections
shall be made underground for all minor subdivisions whenever the
supply lines that serve the lands are underground. Whenever the widening
or extension of a street requires the replacement or relocation of
utilities, such replacement or relocation shall be underground. Common
trenches shall be utilized by utilities where practical.
C.
In large-scale development, easements along rear or side property
lines may be required. Such easements shall be at least 20 feet wide
and to the extent possible, be centered on or adjacent to rear or
side lot lines.
[Added 11-10-1993 by Ord.
No. 466]
Any residential development which shall contain three or more
dwelling units contained within a single structure or located on a
single tax lot shall have a designated recycling area located for
the use of its occupants to collect and store separated recyclable
materials in accordance with the following guidelines:
A.
The designated recycling area shall be located outdoors to accommodate
recycling bins or containers which are of adequate size and number
and which are consistent with anticipated usage and with current methods
of collection in the area in which the multifamily housing is located.
The dimensions of the recycling area and the bins or containers shall
be determined in consultation with the Municipal Recycling Coordinator
and shall be consistent with the municipal recycling plan.
B.
The recycling area shall be conveniently located for use of the occupants
of the subject multifamily housing. Preferably, the recycling area
shall be near, however, clearly separated from that area located for
refuse.
C.
The recycling area shall be well lit, safely and easily accessible
by the occupants and recycling personnel and vehicles responsible
for collection. Collection vehicles shall be able to access the recycling
area without interference from parked cars or other obstacles. Reasonable
measures shall be taken to protect the recycling area and the bins
or containers placed therein against theft or recyclable materials,
bins or containers.
D.
The recycling area or the bins or containers placed therein shall
be designed for durability and to provide protection against adverse
environmental conditions which might render the collected materials
unmarketable. Any containers used for recyclable paper products shall
be equipped with a lid or otherwise covered so as to keep the paper
products dry.
E.
Durable and permanent signs shall be located at the recycling area
designating the materials to be accepted and the regular collection
days of the week. The individual bins or containers located in the
recycling area shall be clearly and durably marked to show the materials
that are to be placed therein.
F.
Aesthetically pleasing landscaping and/or fencing shall be provided
around the recycling area.
Street signs shall be metal posts of the type, design and standards
utilized elsewhere in the borough. The location of the street signs
shall be determined by the Planning Board, but there shall be at least
two street signs at each intersection. All street signs shall be located
free of visual obstruction.
Monuments shall be installed in compliance with the requirements
of N.J.S.A. 46:23-9.11q. All lot corners shall be marked with a durable
metal-alloy pin.
[Added 7-13-04 by Ord. No. 601]
A.
Map.
(1)
A map and accompanying text shall identify sites and describe
their type, physical accessibility and availability for the public
use of recreation facilities and services within two miles of the
site, including but not limited to the following: waterways, beaches,
wetlands, marinas, boat docks and launching platforms, playgrounds,
parks, forests, natural areas, tennis courts, swimming pools and bikeways
etc. The extent of existing use and of unused capacity of these facilities
shall also be indicated based upon the anticipated schedule of development.
(2)
The relationship of the outlying recreational facilities and
the utility to the needs of the proposed project shall be clearly
documented with respect to demand and supply considerations.
B.
Open space and recreation plan.
(1)
The proposed location, type and quantity of open space provided
by the applicant at the site shall be classified and described. The
proposed location, type and quantity of areas and structures provided
by the applicant for on-site active and passive indoor and outdoor
recreation shall be classified and described. The applicant shall
discuss how the open space and recreation areas are to be maintained.
The applicant shall demonstrate how the proposed open space and recreation
system links with, enhances or expands upon the contiguous or adjacent
open space and recreation areas and specify how the public's access
to open space and recreation system is assured, either through public
ownership, dedicated land or other suitable mechanisms.
(2)
Common open space shall be dedicated to public ownership or
restricted by an open space easement or by private deed restrictions
running in favor of the residents of the development and the borough.
(a)
If open space is not dedicated to public ownership, responsibility
for maintaining common space shall lie with the developer, a homeowners
association or similar entity.
(b)
The controlling entity shall be responsible for maintenance
and provide adequate funding through a system of fees assessed against
residents of the development.
(3)
The recreational plan shall present a detailed breakdown of
recreational activities for the population of the proposed project
by age groups and sex. Such plan shall indicate both the recreational
uses and the seasonal uses.
(4)
All recreation areas and facilities shall be designed in accordance
with the New Jersey Department of Environmental Protection publication;
Administrative Guidelines: Barrier Free Design Standards for Parks
and Recreational Facilities.
C.
General requirements.
(1)
Prior to preliminary approval, the applicant shall submit, for
review by the Borough Planner and Engineer, manufacturer's descriptive
data and supporting information for all proposed park and recreation
equipment and playground apparatus.
(2)
In the designation of common open space areas, consideration
shall be given to providing for continuity of open space between sections
of a development and between open space within a development and open
space on adjacent lands. Open space shall be distributed throughout
the development so that there is a hierarchy of activities from preservation
areas to passive open space adjacent to and between each residential
cluster. Designating all open space in one portion of a development
is discouraged.
(3)
Usable recreation space should be provided for active recreation
within one-quarter (1/4) mile of all units. Part of this recreation
component may consist of a lake, wet basin and/or pond having a permanent
water level. Any larger preservation spaces shall be contiguous to
and directly related to dwelling structures. Usable recreation space
may be improved with facilities for swimming pools, tot lots, playgrounds
and quiet outdoor sports such as, but not limited to, tennis, paddle
tennis, golf, baseball, basketball, soccer, lacrosse and the like
and accessory buildings such as clubhouses and pavilions. The approving
authority shall have complete and final determination as to the adequacy,
usefulness and functionality of lands set aside for open spaces.
(4)
Recreational facilities shall be operated for the benefit of
the residents of the development. They shall not be commercial enterprises
open to anyone who pays a fee.
(5)
Common open space for recreation purposes shall be provided
in all major subdivisions and residential site plans in an amount
of 0.02 acres per dwelling unit plus 5% of the gross site area for
undeveloped recreation. The developer shall improve this area for
active and passive recreation as specified herein. Plans for the improvement
of this recreation area shall be an integral component of any preliminary
plat and final construction drawings for any major subdivision or
residential site plan.
(6)
The common open space shall be easily accessible from all parts
of the development. In no case shall areas of floodplain, buffer,
wetland or any regulated area in which development is prohibited,
be counted for the required open space.
(7)
Notwithstanding the minimum area requirements for open space and recreation, as required by Zoning Section 67-57.1, such open space areas shall be developed with appropriate recreational facilities sufficient to meet the needs of the residents of the proposed development. These areas shall provide recreational opportunities for residents of all proposed residential developments within the borough.
(8)
Where feasible, the common open space shall connect to existing
borough park, recreation or conservation lands or connect into an
adjacent planned development's common open space. Public pedestrian
and/or bicycle paths shall be included in the open space whenever
feasible and shall be designed to connect into a larger scale borough
system if applicable or feasible.
(9)
There should be a close visual and physical relationship between
open space and as many dwelling units as is reasonably possible. Open
space areas should weave between dwelling units generally respecting
a minimum width of 50 feet and periodically widening out into significant
and usable recreation areas.
D.
Open space and recreation guidelines.
(1)
An effective open space system should connect a number of diverse
recreational activity areas with adequate pedestrian pathways and
auto/bicycle access for the residents it is intended to serve. The
open space contained in a development should provide direct access
to as many of the homes as possible. Developed open space generally
should not be isolated in one corner of the project.
(2)
Active recreation should be visibly close but shall not interfere
with the privacy of adjacent residents. It should be designed to accommodate
the recreation needs of the projects, intended age groups.
(3)
Development in the vicinity of the undeveloped open space shall
be designed to protect the site's natural resources, animal habitat,
flood-prone areas, etc. The undeveloped open space shall be utilized
to provide protection for critical ecosystems within the project site
and to preserve in perpetuity the natural assets of the site.
(4)
All open space shall be recorded in the master deed and homeowners
documents for each project. This will ensure the permanent preservation
of the open space. Such documents shall be submitted to the Planning
Board prior to the Board granting final approval of the project.
E.
Recreational facilities.
(1)
In all residential developments that require facilities, the
developer shall install, as a minimum, the following recreational
facilities on the land that has been set aside for recreational purposes.
The Planning Board may alter the schedule at their discretion.
Dwelling Units
|
Land
|
Tot Lots
|
Tennis Courts
|
Basketball Courts
|
Play Fields
|
Multi-Purpose
|
---|---|---|---|---|---|---|
1-4
|
—
|
—
|
—
|
—
|
—
|
—
|
5-24
|
**
|
1
|
—
|
—
|
—
|
—
|
25-49
|
**
|
1
|
—
|
1
|
—
|
—
|
50-99
|
**
|
1
|
1
|
1
|
—
|
—
|
100-199
|
**
|
2
|
2
|
1
|
—
|
—
|
200-299
|
**
|
2
|
3
|
1
|
1
|
1
|
300+
|
**
|
2
|
4
|
2
|
1
|
1
|
**0.02 acre per dwelling unit plus 5% of the gross site area
for undeveloped recreation
|
F.
Equipment.
(1)
Tot lots. Tot lots shall be a minimum of 2,500 square feet excluding
areas required for fencing, buffering or walkways and shall contain,
as a minimum, the following improvements:
(a)
Four foot high chain link fence with gate or other buffering
or screening bordering residential properties and roadways.
(b)
Two benches, each to be eight feet long and constructed of aluminum.
(c)
Two table and bench seats.
(d)
Ground under and within six feet of play equipment shall be
covered with safety sand, or approved equal, to a depth of 12 inches.
(e)
One swing set with four swings, two of which shall be tot swings,
one tot chair and one slash-proof belt seat two and three-eighths
(2 3/8) inches outside diameter; legs and top rail with two and
seven-eighths inches outside diameter fittings, eight feet in height.
(f)
One single platform whirl seven feet eight (7'8") inches in
diameter.
(g)
One climber, two feet by 12 feet, with a height of approximately
four feet seven (4' 7") inches.
(h)
One sandbox, 15 feet by 15 feet.
(i)
One slide, two feet by 14 feet, with a height of approximately
six feet, and must have wraparound top rails with nonskid steps.
(j)
One trash receptacle with retractable bottom, 10 gallon capacity.
(2)
Playgrounds. Playgrounds shall be not less than three acres
in size, excluding areas required for fencing, buffering or walkways,
and shall contain, as a minimum, the following improvements:
(a)
Not fewer than one tot lot as defined above.
(b)
Not fewer than one play lot which
shall contain, as a minimum the following improvements:
(i)
One heavy duty swing set with legs and top rail
not less than two and three-eighths (2 3/8) inches outside diameter
and with two and seven-eighths (2 7/8) inch fittings. The swing
set is to be at least 10 feet in height with not fewer than four splash-proof
belt type seats.
(ii)
One bicycle rack not less than 10 feet in length,
of aluminum construction or such other materials as may be approved
by the Borough Engineer.
(3)
Playing fields and courts.
(a)
Not less than two and one-fourth (2.25) acres of seeded or sodded
open space (not otherwise utilized as a tot lot/playground) which
shall, as a minimum contain one of the following:
(b)
Two basketball or tennis courts.
(c)
One baseball and one softball field (fields may share portions
of the same area, layout will be subject to Borough Planner and Engineer
approval).
(d)
One soccer and one football field (fields may share portions
of the same area, layout will be subject to Borough Engineer approval).
(4)
Tennis courts. Tennis courts shall be of regulation sealer and
in all cases shall be constructed in pairs and constructed as follows:
(a)
The courts base construction shall be four inches of bituminous
base on a properly prepared subgrade as set forth by the Borough Engineer.
The surface construction shall be one and one-half (1 1/2) inches
of FASC leveling course and one and one-half (1 1/2) inch SP-1
vinyl latex top course and shall be coated with light green for the
in play and brick red for the out of play. The sealer shall be California
Products Corporation or equal as approved by the Borough Engineer.
(b)
There shall be one set of ground sockets set in concrete on
each court.
(c)
There shall be one set of tennis posts three and one-half (3 1/2)
inches outside diameter with heavy duty nylon tennis nets on each
court.
(d)
There shall be one reel per court.
(e)
Tennis courts shall be surrounded with a 12 foot high green
vinyl link fence with entrance gate and buffered planning as designated
by the Borough Engineer.
(f)
Night lighting (if desired) shall be approved by the Borough
Engineer.
(5)
Basketball courts. Basketball courts shall be a minimum size
of fifty feet by eighty-four (50' x 84') feet and shall contain the
following improvements:
(a)
Two aluminum backstops.
(b)
Two four and one-half (4 1/2) inch outside diameter basketball
posts with 48 inch extension.
(c)
Two double ring and double brace goals with nets.
(d)
Four inches of bituminous stabbed base course on properly prepared
subgrade as set forth by the Borough Engineer, one and one-half (1 1/2)
inches of FABC leveling course, and one inch SP-1 vinyl latex top
course.
(e)
Night lighting (if desired) shall be approved by the Borough
Engineer.
(6)
Baseball and softball fields. Baseball/softball fields shall
have a minimum slope of 2% and not exceed 3% slope, with grading to
be approved by the Borough Engineer and all fields shall contain the
following requirements:
(a)
Baseball/softball field combinations should conform to the recommended
standards in design.
(b)
There shall be one four paneled backstop; two 10 foot back panels
and two 10 foot side panels with complete overhang over the back and
side panels.
(c)
There shall be two fences, each four feet high and extending
20 feet past the side panels.
(d)
The infield shall be covered with infield dirt as required by
the Borough Engineer.
(e)
There shall be two 15 foot player benches constructed of aluminum.
(7)
Football/soccer fields. Football and soccer fields shall be
a minimum of one and three-fourths (1 3/4) acres and shall have
a minimum 2% slope that shall not exceed 3%, with grading to be approved
by the Borough Engineer. All fields shall be constructed to face north
to south and shall contain the following requirements:
(8)
Pedestrian, bicycle and fitness trails.
(a)
Pedestrian and bicycle trails when constructed as one trail
shall be a minimum of eight feet wide. Fitness trails are to be a
minimum of four feet wide. All trails shall be free of branches and
other obstructions, and have a minimum slope of 2% and should follow
the contour of the area where possible. Paths should generally follow
ground contours, streams, lakes, ponds or other natural features and
shall have a destination.
(b)
Walkways and bicycle paths shall have information signs. If
trails are designed especially for bicycle use, proper signage will
need to be displayed.
(9)
Neighborhood parks. A neighborhood park shall be minimum of
five acres including fencing, screening, buffering and landscaping.
Each park shall contain the minimum requirements:
(10)
Barrier free site designs for the disabled. All facilities shall
be designed barrier free to allow accessibility for the disabled.
Such areas are to be fully accessible both in active and passive recreation
areas and shall contain, as a minimum, the following requirements:
(a)
There shall be two parking spaces with appropriate signage.
(b)
Walkways shall be a minimum of five feet wide to allow for easier
mobility.
(c)
All entrances at gate shall be a clear opening of at least 34
inches wide.
(d)
All walkways which cross roads or sidewalks, a depressed curb
shall be provided for accessibility for the handicapped.
(11)
Community buildings. In planned developments over 150 dwelling
units, consideration may be given towards a recreation/ community
building. Such buildings shall be in walking or short biking distance
of the residents it intends to serve.
(12)
Other amenities including a jogging trail and exercise areas
in planned developments, provided adequate benches and places for
rest are provided, especially where views are available of significant
landscape. Consideration should be given towards interesting site
design and larger developments may reserve areas for small garden
plots.
G.
Development of open space improvements and construction of recreational
facilities shall proceed at the same rate of development as dwelling
units. To assure compliance with this section, the Planning Board
shall require the approval of the overall phasing plan and approval
for any subdivision, planned or cluster developed.
H.
The Board may require a developer to make certain preparation improvements
to open spaces and may require necessary improvements to be included
as part of the site plan, including, but not limited to removal of
dead trees, thinning of trees, and grading and seeding.
I.
The requirements of this section relating to the construction of
active recreation facilities and the provision of open space for passive
recreation may be modified and/or waived at the request of the developer,
if the Planning Board determines that both the development and the
borough's parks and recreation needs would be better served by a predetermined
cash contribution to the designated municipal parks and recreation
fund.
J.
Contribution in-lieu of providing recreation facilities.
(1)
The required amount of the contribution in-lieu of providing
recreation facilities shall be determined by the estimated cost of
the passive and active recreation facilities and equipment that would
otherwise be required for the proposed development. This estimated
cost shall also include the value of the additional lots that the
developer shall have for sale, and shall be prorated over the total
number of building lots as follows:
Number of Lots
|
Contribution per Lot
|
---|---|
5-24
|
$1,000
|
25-49
|
$1,200
|
50-99
|
$1,400
|
100 or more
|
$1,500
|
(2)
Payment of the in-lieu contribution shall be made proper to
the borough executing the final subdivision plat. The payment shall
be equal to the determined per lot contribution times the number of
building lots shown on the final plat.
(3)
The cash contribution shall be used exclusively for park and
recreation purposes.
K.
The open space and recreation plan shall be submitted to the Borough
Council, the Borough Engineer and the Public Works Director for review
and comment prior to receipt of final approval by the Planning Board.